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Printable Pdf Lesson 9: “…for the land is Mine” – laws governing the use of the land 1. Outline: a. A short survey of the agricultural mitzvot b. The sabbatical year (shmita) as a case study: study of the biblical sources and later interpretations c. Modern dilemmas and applications of shmita including a study of modern texts dealing with shmita by Rabbi A.Y. Kook and Rabbi David Golinkin d. The relevance of shmita today – a discussion of the agricultural, social, and moral relevance of shmita in modern society. e. A discussion of the different categories of laws given in the Torah for application upon arrival in Eretz Yisrael. 2. Introduction: The Torah – given in the desert – contains a number of laws that restricted our freedom to exploit the land upon our entry into it. These include limits on when we may work the land, what we may sow and how we may harvest – and also taxation on the produce. Since these commandments are only binding on Jews living on their land in Eretz Yisrael, the tradition developed a special attachment to them – as long as we are living in exile, we are denied the opportunity to fulfill these mitzvot, so our religious life is incomplete. These laws therefore came to symbolize the specialness of the land, our connection to it, and our longing for it when we are in exile. Of the various land-based laws, the sabbatical year (shmita) is probably the best known example, and one whose restoration has generated interesting debates over the past century and a half, so we will examine it as a case study in this unit. This exploration will touch on questions about the nature of land ownership, about mechanisms of social justice, and about the relevance of biblical precepts in the post-biblical era. 3. Lesson Goals: a. To examine the question of who really “owns” the land, and the commitment of the people to the instructions they received for living in the land. b. To become acquainted with the different categories of “land-based” laws of the Torah and their conceptual basis c. To become familiar with the outline of sabbatical year observance and some of the understandings and dilemmas associated with it. d. To understand the significance and repercussions of the texts for society both then and now 4. Expanded Outline: a. The agricultural laws The Torah envisions Israel as a farming society living off the land and many of its laws relate to agriculture. The first order of the Mishnah, “Zra’im (Plantings)” is dedicated to these laws. Although there are some exceptions, (where specific laws were extended by the rabbis to those dwelling outside of the land) these agricultural laws are for the most part tied to the land and obligate only those living within the biblical borders. It is interesting to examine the biblical commandments and try to envision: how they were applied, if they were 73 Ksharim what must have been the major obstacles to their enforcement what is their rational, social basis, if they have one how they could be applied in a post-biblical, post-agricultural society what they tell us about the land and our relationship to it why they would be applicable only within the borders of the Eretz Yisrael Sowing: Leviticus 19:19 Kilayim - the prohibition of planting or grafting two different types of crop plants together. Harvesting: Leviticus 19:9-10 Leket - leaving produce that has fallen during harvest in the fields for the poor Deuteronomy 24:19 Shichecha - leaving the leftovers that were forgotten in the harvest for the poor Leviticus 19:9 Pe’ah - not reaping the edges or corners of the field so as to leave them for the poor Taxes/gifts: Numbers 15:17-21 Terumah - gifts to the Cohanim amounting to 1/60 of the produce grown Leviticus 27:30-32, Deuteronomy 14:22-26- tithes to the Levites Leviticus 19:23-25 Orlah and Netah Revei - the prohibition of eating the fruit of a tree during its first three years of growth – and the commandment to eat the fruits of the fourth year in Jerusalem Deuteronomy 26:1-22 Bikkurim – bringing the first fruits of the harvest to Jerusalem Numbers 15:17-21 Challah – setting aside a portion of bread as it is baked, as a gift to God b. The Sabbatical year The Sabbatical and Jubilee years: Exodus 23:10-11 Leviticus 25:1-23 Deuteronomy 15:1-3 Discussion Questions: Why seven years? Does it make sense? How is the Sabbatical similar to – and different from – Shabbat? What seems to be the economic and social purpose of the commandment according to the biblical text? In what ways are these goals to be accomplished? Are these goals relevant for modern society? In Israel? In the United States? Was the land given to the people of Israel with a set of binding instructions? Is shmita one of them? How can a farmer who is economically dependent on his crops comply with the commandment of the sabbatical year? 74 Ksharim The Torah promises us “Follow my decrees and be careful to obey my laws, and you will live securely in the land. Then the land will yield its fruit, and you will eat your fill and live there securely” (Lev 25:18-19) What is the meaning of “live there securely” Materially? Militarily? Forever? What is the connection between observing the commandments of shmita and yovel (jubilee year – the 50th year - after 7 sabbatical cycles) and living securely in the land? What is the importance – and what are the difficulties - involved in returning the land to its original owners in the jubilee year (yovel)? “And when your brother shall become destitute with you:” what can we learn from this section about society’s relationship to the “poor and downtrodden”? Even if the possible economical and/or agricultural rationales for the sabbatical and jubilee laws are not convincing, or have become obsolete, can we find a more abstract, “theological” basis for these laws? Could they be telling us something about ownership? About the sanctity of the land? About limitations of our sovereignty? About obligations that transcend economic benefit? c. Modern Applications of Shmita With the coming of Zionism Jewish farmers returned to the Land of Israel to cultivate the land for the first time in hundreds of years. Some of the chalutzim and new agricultural communities were religious. With the coming of the sabbatical year these religious communities were faced with a difficult dilemma. Their religious beliefs obligated them to observe the shmita and forbade them to work their fledgling orchards and newly cultivated fields, but such observance would mean not only financial ruin but undo all the efforts of the past years spent in cultivating the land. With the approach of their first shmita the group of pioneers in Petach Tikvah sent a letter with the question to a known halachic authority in Europe, but as the months went by and Rosh Hashana approached they received no answer. Many despaired, and unwilling to see the ruin of all their efforts left the Moshava. The difficulty, if not impossibility, of observing shmita in modern Israel and the catastrophic repercussions of such observance on the national economy (Israel is self- sufficient in produce and its agricultural exports are an important source of income and foreign currency) have led different rabbis to offer various halachic solutions. The official position of the chief rabbinate is to accept the “heter mechirah,” by means of which all agricultural land in Israel is “sold” to a non-Jew for the year; since the land is not owned by Jews, they are free to work it and benefit from it as they would in any other year. On the other hand, there are rabbis – and communities – who reject this legal fiction, and indeed refuse to eat any produce raised by Jews in Israel during the sabbatical year. And a third position argues that the law is simply not applicable in current historical circumstances. The first chief rabbi of Israel, Rav Kook, defended the heter mechirah. Here is a loose translation of excerpts of his responsum: 75 Ksharim Letter 287: “My beloved and honored brothers: I feel a need to write to you regarding the observance of the approaching shmita. There is no need to tell you of the tremendous effort made by the learned rabbis to find a loophole to allow the survival of the Yishuv [the pre-state Jewish community in Israel] in accordance with the laws of the Torah by, in times of great need, allowing the “selling’ the lands to non-Jews for the duration of shmita. There have been many G-d-fearing and learned scholars who have taken exception with this ruling; but like those who prohibit it, also those who allow it are acting for the sake of Heaven and the good of the land and the people… The learned rabbis who decided thus (to allow the selling of the land) were determined and careful to avoid any infraction of Torah prohibitions. The permission (to sell the land) allows for a circumvention of all the issues which seem to be based only on rabbinic (as opposed to biblical) prohibitions - and because of the great need of the hour we are annulling them through this permissive ruling. By acting in this way, which is needed for survival by most of the Yishuv, we are maintaining the form of the Torah commandment so that the mitzvah will not be forgotten by coming generations. And as the Yishuv in Israel develops and strengthens then the holiness of the seventh year will also be restored and allow peace and rest for the land and our people to nourish their souls and their dignity until the final redemption shines on Zion.
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